Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-02-24
George R. ThompsOn-waa manager q

l
harder puG, and saw the building fall.
William l.. Todd, cousin of George
w. Todd, treasurer of the defendant
company, saw the building fall IL began
falling at the south end, where it was
most exposed to the wind the wind was
the strongest local wind he had ever seen.
William +. Grant-The wind blew from
the iroof boards six or eight feet long, n
foot wide and an inch thick.
| William I. Gause--When the storm
came up was in the yard of the Ken
nebec Ice and Coal Company; am super
intfndent OF that company; was about
6OV feet from the Diamond State mill;
| 1 went into the ice.house; the wind was
strong and shook the ice-house very
much; swayed it backward and forward;
the men were afraid the roof would blow
ofd when the Diomond State mill fell the
meiA would not stay in the ice-house any
longer; our buildings are put up strong;
the ice-house was 150 feet long; there
were l 500 tons of ice in IL.
| Warrington Hastings was called, but
his testimony was objected to and he re-
| tired
Joseph Hyde was recalled, but suffered
| the same fate.
Joseph l.. Carpenter, Jr.-Have been
engaged in building for 20 years, have put
up 70 buildings, among them the Second
streei market house.
The object in calling these witnesses
was 70 show that wall l3 inches thick
could not have stood in this kind of a
gale, under the circumstances.
Mr.. Carpenter was asked this question
and answered that q 13-inch wall would
not have stood in that wind.
Inanswer to Mr.. Bird the witness said he
based his opinion on the theory of the
truth OF the testimony as to the wind; he
had never seen the wall.
Carlton l.. Jefferis thought 13 inch
wall would not have been thick enough
in such wind.
Daniel A. Forrest expressed the opinion
| that If the wind was as the witness had
stated 1S-inch wall would not have
stood against it; even thicker wall
could not have stood, as green as that
wall was.
Frarik O. Simpson said If the wall had
been 13 inches thick in that wind it was
his impression the result would have been
the sauie.
Seth II. Feaster and Anthony Feaster
| expressed the same opinion.
George w. Todd, secretary and treas
] urer of the defendant company, testified
that he had visited the plaintiff number
of times after the accident, in order to
ascertain whether he needed any assist
ance from them on three different occa-
sions we paid him $40 each time; also
bought him $S or "a worth of medicines;
we offered him money after that he
thanked us but refused, saying that he
had been advised by his counsel to take
no more money we paid DIR. Pyle $58
and Dr.. Draper $40, the amount of their
bills.
Mr.. lore called two other witnesses,
who did not respond, and the defendant
here rested.
The plaintiff then called witnesses in
rebuttal, the first of whom was Franklin
b. HopEon, blacksmith for the Kenne-
bee Ice and Goal Company. He said the
storm was but an ordinary rain storm it
was not blowing unusually nard.
j. Bar ton Cheyney, city editor of EVERY
EvENINoi, testified that he was driving
along the eauseway, coming from the
almshouBe to the city, about O'Clock on
the afternoon of the accident; he noticed
no wind of unusual velocity; there was a
brisk wind; he drove straight TO the EVERY
EVENING office and learned that the mill
had blown down.
William A. Sinex--Worked on tile
building; didn't notice any more wind
than usually accompanies summei
shower; have workeda on the roofs Of
many buildings when the wind was 6
great del i stronger
in cross-examination he said ne is the
| -, 10, ID. ofrait,ut tls
Diamond State Iron Company.
William Gossam-The wind was at
usual in summer shower, no worse.
George L. Hatton worked for the Dia.
mond State Iron Company at the time
the main storm had not come when the
mill fell the main storm was not of un
usual severity.
George W. Powell said to the best Of
his knowledge the most of the wind wal
after the building was down; he kept
store near by.
Court here took recess.
The case of Giles VS.. the Diamond
State Iron Company was resumed in the
superior court in the afternoon.
Thomas b. Fleming testified that he
kept wood and coal yard on Heald
street when the accident happened; there
was no gale at the time; it was from three
to FIVE minutes after the first fall of rair
that the building fell; ii rained hard aftel
that but there was no more than TINT
ordinary wind in a summer shower.
Jacob Brown testified that he lives or
: the Garesche road; he was loading ha1
when the storm came upi it was nothing
!. more than an ordinary summer shower
Hyatt Graham was proprietor OF thu
Herbert House at the time of the acci
! dent there was nothing unusual abou
| the wind or rain, !,
Henry Holiday, colored, was on th'
roof when it fell and noticed no unusua
!, force in the wind.
Daniel McClintock corroborated tn
!, above.
y Thomas B. Smith, the court crier, wa
y at Moore's ship-yard at the time; wa
driving sails on a boat there was no
enough wind to cause him to bring hi
sail down, but for the rain; the WIN
. shifted very suddenly from the south-eaa
J. to the westward.
; Cross-examined-I was low water an
! the boat was within,15 feet of the Susi
: Mccall.
u Pnsey A. Walton was on the deck Of th
> Susie Mccall when the building fell
= rained some, but he had no recollectloi
= of hard blow.
y DeHayen Morris said it rained hard an
u blew pretty hard after the building Tell
70 noticed no wind or rain before.
Alfred Downward is carpenter an
q was at work ON the building when it fell
y !, there was about enough wind to pioW
/, shaving =.
2 John o, Goodman is carpenter an
y was working on the building when II fei
y he didn't notice anything extraordlnar
y about the wind.
10 John Doordan noticed nothing particI
y larly heavy about the wind:
10 Thomas B. Hizar testified to the cha
70 soter of the wall of the malleable iro
q foundry. which he had examined at I'll
request of the plaintiffs counsel,
b Il. L. Rice, Jr., testified as to the san
a. building, The wall on Locust street
u 1877 feet long; it averages IL feet IN high
with pilasters every eight feet; the wa
~ mn 10 the bottom of the windows Is
- inches thick the windows are SIX re-
from the ground this wall holds the q
ders for the roof, not the Ninth sire
" wall the Ninth street wall does not COL
no mare in strength with the Locust sire
O. wall: it holds merely the jack rafters. :,
Paris Il. Mitchell was called, but b
~ ~ testimony was objeoted to.
NJ ~ William Il. Long, reporter for the a
II, ,,,.biaGn. testified that he did not knc
ng of any other accident caused that day
: the wind. !,
a Roth sides closed the testimony at IL
oi- noint. and Mr.. Bird opened his argume
IL before the Jury at 4.45 O'Clock.
g; Mr.. Bird congratulated the jury up
ed tbe compliment paid them in having be